Immigration View Blog

U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.View the Immigration View Blog

Management & Labor Report

Management & Labor Report is a blog that focuses on trends and developments in labor law. The primary focus is cases before the National Labor Relations Board (NLRB) and the federal courts that have the potential for setting new precedents or modifying existing precedent. Authored by attorneys in Fox Rothschild’s Labor Management Relations practice group, the blog provides insights and analysis of decisions that could potentially have an impact beyond the parties involved. Topics covered include collective bargaining, the relationship and interactions between an employer and union, union elections and other workplace conduct as it applies to both union and non-union settings.View the Management & Labor Report Blog

Wage & Hour — Developments & Highlights Blog

Mark Tabakman lends his more than 20 years of experience advising clients throughout the country on all aspects of labor relations and employment law, and development of corporate employment policies to Fox's Wage & Hour — Developments & Highlights blog. Join Mark as he discusses issues dealing with class actions, independent contractors, and exemptions.View the Wage & Hour — Developments & Highlights Blog

Recent Blog Posts

DOS Moves US Spouse/Unmarried Minor Child Interviews from New Delhi to MumbaiOn March 6, 2018, the US Department of State announced a change in the location of certain greencard interviews in India.
In summary, for interviews scheduled on or after April 1, 2018:
The US Embassy in New Delhi will no longer conduct interviews for US Permanent Residence for the spouse (IR1/CR1) and the unmarried minor child(ren) (IR2/CR2) of a US citizen
The US Consulate General in Mumbai will begin conducting interviews for US Permanent Residence for the spouse and the unmarried minor child(ren)...More

Takeaways from Cornell HR in Hospitality ConferenceEvery year I look forward to attending and presenting at the Cornell HR in Hospitality Conference. It is a great time to connect with clients, contacts, and to learn from the best and brightest in the hospitality industry.
The three big themes this year seemed to be: (1) #metoo and the many repercussions thereof; (2) the struggle to get the best talent in an era of low unemployment; and (3) the uncertainty of immigration laws and how to best protect valued...More

#MeToo Hasn’t Led to More Harassment Litigation … YetIt’s been five months since the #MeToo movement burst onto the scene. Since then, the headlines have been dominated with accusations of grossly inappropriate behavior by prominent politicians, entertainers, business people, and others. So it’s somewhat surprising that, according to acting EEOC Commissioner Victoria Lipnic (as reported in Law360 (subscription required)), the number of sexual harassment claims being filed with her agency hasn’t changed. Why is that?
One reason may be that employers are being more proactive. Those of us who do...More

Undergraduate Resident Advisors May Possibly Unionize…For NowUndergraduate resident advisors usually wield a lot of power over university residence halls and those who occupy them. You likely know this already if you were ever a college freshman living in the dorms and received a write-up or warning from your RA. But, for those who do not know, RAs – who are often only slightly older than the college students they oversee – are essentially there to supervise their peers living in dorms and make sure nothing (too)...More

A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!I have blogged several times recently on the rash of “check bag” cases that have percolated through the courts. Another example. A class of workers employed by Converse Inc. have now asked the Ninth Circuit to revive a class action resting on the theory that the time waiting to go through mandatory security inspections was compensable. The employees allege that the trial court’s decision that the time spent was de minimis was incorrect. The case is entitled Chavez v. Converse...More

Retaliation Sometimes Follows FLSA Lawsuit Filing—It Shouldn’t!I am always telling clients who are sued in FLSA actions not to take any actions against employees who may still be working for them (which, admittedly, is not the case very often) because that will make things dramatically worse. Well, it appears that HBO may not be heeding this admonition because production assistants who joined FLSA collective and state class actions have alleged that the company is taking actions against them for joining those suits. The case is entitled...More

The NLRB Returns to BFIBy a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the Board vacated the decision Hy-Brand Contractors Ltd., 365 NLRB No. 156 (2017), which, in turn, had overruled the joint employer standard announced in Browning Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”). By vacating Hy-Brand, the Board has returned to a joint employer standard based not only on “direct” control...More

Unreasonable Accommodation: What Is Undue Hardship? A disabled employee asks her employer for an accommodation. After engaging in the interactive process, it becomes clear that the accommodation requested is going to be challenging. At what point can the employer say “no” to an accommodation request because it creates an undue hardship?
If the accommodation is cost prohibitive, that can be enough to show undue hardship. But the question of undue hardship is not limited to financial burden. In other words, just because a company can monetarily...More

Does Your Harassment Policy Meet These 12 RequirementsWhen an employer gets sued for sexual harassment, the focus is not on what the alleged harasser did. It’s on what the employer did to provide its employees a harassment-free work environment. This includes both steps taken before anyone complains and steps taken in response to the complaint. So if your goal is to prevent your company getting sued for harassment, there are 12 steps you can (and should) take now. In fact, California law requires these things be present in...More

Arbitration of Wage Hour Claims Controversy Continues UnabatedThe controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated the Fair Labor Standards Act by not paying him overtime pay. The Court found that the parties had “clearly and unmistakably” agreed that an arbitrator should decide whether the allegations are arbitrable. The case is entitled Smith v. Kellogg Co. et al., and was filed in federal court in the...More

USCIS deletes “Nation of Immigrants” Language from Mission StatementRecently, United States Citizenship and Immigration Services (USCIS) changed the language in the agency’s Mission Statement. Previous language recognized that the United States is a “nation of immigrants”. USCIS Director L. Francis Cissna provided a statement to explain the reasoning behind the change.
New Mission Statement:
U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our...More

Strike and You’re Out…of the CountrySometimes, using only one word can make all the difference between a lawful and unlawful statement. Washington University in Saint Louis learned this lesson the hard way when in late October 2017 Associate General Counsel for the NLRB’s Division of Advice Jayme L. Sophir instructed Region 14 to issue complaint, absent settlement, against the University.
The Advice Memorandum, released to the public on February 15, 2018, found the University violated Section 8(a)(1) of the Act by threatening foreign graduate students with...More

Even in the #MeToo Era, There Are Limits on How Employers Can Treat Office RomancesThe #MeToo movement has understandably made employers more concerned about sexual relations between coworkers. An office romance may seem consensual, but is it really? This is especially problematic when there’s a power differential – such as a supervisor-subordinate relationship.
So what can employers do to prevent coworker relations that they fear may end in a sexual harassment claim? Certainly, employers can establish rules and internal policies discouraging coworker relations. But, as recently affirmed by the Ninth Circuit in Perez v. City...More

Recordkeeping Violations Spell a Real Problem for EmployersAccurate records are extremely important for employers. The employer must record the employees’ start time, when they took lunch, and when they leave at the end of the day. That is so employees can be properly paid (for overtime as well) and, significantly, it is for the employer’s protection so workers cannot inflate claims of working hours. The one thing employers must never do is to alter, edit or change those records, especially for any ulterior reason.
An Orlando hotel found...More

Check Those PAGA Notice LettersPlaintiffs’ attorneys in California love making claims based on technical violations related to paystubs. An employee will go see a lawyer complaining about wrongful termination or harassment or discrimination and the lawyer will say, “Let me see your paystub.” Labor Code Section 226 lists at least 9 items that an employer must include on employees’ paystubs. Even omitting one item (e.g., pay period dates on a “final” paycheck) can expose employers to extensive liability depending on the nature of the...More